HomeMy WebLinkAboutThomas T. Irvin
Augusta Richmond GA
DOCUMENT NAME: -r\tD\'Y,~ '\: -=s=..rJ: (1
DOCUMENT TYPE: ~een'1 en to
YEAR: O~
BOX NUMBER: 23
FILE NUMBER: \ 131--\ J-.\
NUMBER OF PAGES: :2
~
TEL:706-721-9725 Feb 24'04
, STATE OF GEORGIA, RlCHMONb COUNTY
AUGUSTA STATE FARMERS' MARKET
1150 5lh Street, Augusta, GA 30901
9:09 No,OOl P.02
GR DEPT RGRI RUG MKT
..
THIS AGREEMENT, made and entered into this _~~ day of __ January ,20 04 , between
THOMAS T. IRVIN, Commissioner of Agriculture, and the Georgia Farmers Market Authortty, State of GeDrgia,
and his/her successors in office, acting under authority vested in him/her bv the laws of Georgia, hereinafter
called lessor and
Auguata-Richmond C:ountv .toUR It, Commission
, hereinafter called .......
WITNESSETH; That the Lessee has this day rented and leased from Lessor and Lessor h~5 rented and
leased to Lessee the following premises:
Building 31; 3,5105'1. ft. dry
to be used for
tag office
for a term of
12 months commencing 'on the
lit. day of
January
.20
04 , and ending on the 31.t day of
December
,20
04 for
which the Lessee agrees to pay Lessor, his/her successors or assigns, promptly on the flrst day of each month, in
advance, $
553.00
and a utility fee (subject to adjustment depending on usage) of $
0.00
for a total monthly rental of
Five Hundred Fifty Three and No/100
DOLLARS ($
553.00 ),
Upon failure of Lessee to pay rent when due, Lessor hes the right, at his/her option, to dedare this.:lease void,
cancel without any legal proceeding, re-enter and take possession of the premises, Lessor mey, upon a breach of
this lease, rent and sub-let the premises at the best price obtainable bV reasonable effort, under pJivete
negotiations, and charge the balance, If any, between said price of sub-letting !lnd the contract prIce of Lessee,
and hold him/her/it therefore. Such sub-letting on the part of the LesSiDr will not in any sense be a bntsc:tl of the
contract on the part of tJ'le Lessor, but will be merely as agent for the Lessee and to minimize the damage. These
rrghts of the Lessor are cumularive and not restrictive of any other rights under the law, and failure on the p~rt of
Lessor to avail himself of these privileges at any particular time shall not constitute a waiver of these rtghts,
It is further mutually agreed as follows:
(1) Lessee hereby waives and renounces for himself and family all homestead and exemption rights he/she/It
or they may have under or by virtue of the laws of this State or the United States as against eny Iiabl\lty that may
accrue under this contract. Lessee agrees to pay fifteen percent (15%) attorney's fees an any part of said re"tell
that may be collected by suit or by attomey after the same hss become due,
(2) Lessee 15 to repair at his/her/Its own expense any damage to water or steam pIpes caused by freezIng, or
damage caused by cmv neglect on his/her/Its part; also to be responsible for all damages to the property of
Lessor's other tenants in said building, if there be any, or to the adjoining buildings, caused by the overflow or
breakage of water works in said premises or caused by any negl~ on hls/her/I~ p!lrt. during the term of this
lease, Lessee agrees not to aSSign this lease nor to sub-let said premises, or any part thereof, without the
written consent of said lessor; and will deliver said premises at the expiration of this lease In as good order and
repair as when f1~t received, natural wear and tear excepted,
(3) Lessee hereby releases Lessor t'rom any and all damages to both person i1nd property and will hold the
Lessor harmless from all such damages during the term of this lease.
(4) Should the premises be destroyed or so damaged by fire as to become untenable, this lease sh811 cease
from the date of the fire,
(5) Lessee IS to make no changes of any nature in the above named premises without first obtaining written
consent from said Lessor or his/her Agent, nor to paint any signs on buildings herein leased, Any Improvements
made to the premises become an Integral part of the premises Immediately upon being affixed thereto end
automatically become the property of Lessor; however, lessee shall not be subject to additional rents for such
improvements during the term of this lease, Lessee shall not display advertising or promotional material of any
type on the extenor walls (including, without limitation, on or through the windows, doors or other opening), on
open sheds (less than three sides) or walkways, in public and common areas of the Market, or on driveways or
streets, Without the ,:xpress written permiSsion of the Lessor, It is not a violation of this provision if such
GA DEPT RGRI RUG MKT
TEL:706-72l-9725
Feb 24'04
9:09 No.OOl P,03
,.
advertislnl] or(promotiOtHll m'aterlal is Incidentally visible from the interior or an area enclosed by three or four
Wi'\J1~ (tndudinq windows and doors), and the Lessor or his/her agents shall have the right to enter Hid premises
at re8sonable hours, to examine the same, make such repairs, additions or alterations as may be deemed
necessary for the safety, l;Qmfort and preservation of said building, and to enter upon said premises at any time
to repair or improve Lessor's adjoining property, If any.
(6) Lessee agrees not to leave the premises herein leased unoccupIed, nor to do or to permit any act which
would vitiate the fire insurance policy upon said property, or increase the insurance tate; further Lessee agrees to
pay all electric lights, water, heat, gas, power and utility bills or charges ~ccrulng against said property during the
term of the contract; ~nd to conform to and obey alll1Jles, orders, regulations and guidelines promulgated by the
Commissioner of Agriculture (Lessor) in accordance with the law, which said rules. orders, regulations and
gUidelines are incorporated Into this lease and contract and made a part hereof by reference thereto, and the
same shall be bmding as If actuallv written into this contract.
(7) In the event bankruptcy or state insolvency proceedings shall be filed and sustained against L.ssee,
his/her/its heirs or assigns, In any Federal or State Court, the Lessor, hIs/her heirs, SUCCe5Sors, or ~5Slgns, shall
have the rIght, at their option, to Immediately declare this contract null and void, and -to' at once resume"
possession of the property. No Receiver, Trustee, or other judIcial' officer shall ever have -any right, title .or
interest in or to the above~descrlbed property by virtue of this contract,
(8) It Is mutually agreed and understood that the Commissioner of Agriculture retains full and complete
control at all times of the property affetted by this lease. It is further mutually agreed end understood that
should any dispute or disagreement arise between Lessor and Lessee and should Lessee desire to take matter to
court, the Lessee then and in that event hereby agrecrs to Immediately surrender premIse. pending outcome of
such suit.
(9) Lessor has the privilege of carding the above premises tor rent or tor Ilale at any time within thirty days
previous to the expiration of this lease, and during the said time to exhIbit said premises durtng reasonable hours.
(10) If the Lessee shall violate any ot the restrictions in this lease or should Lessee tall to abIde by and keep
all rules and regulations promulgated by the Commissioner of Agriculture in accordance with the law or fall to
keep any of Its covenants, the Lessor or his/her agent may at once, If they 50 elect, declare this lease void,
terminate the same and at once take possession of the premises,
{ll) The within premises shall not be used for any purposes except for the purposes herein designated,
without the written consent of the Lessor, or of the lessor's agent,
(12) It Is further agreed that no liability shall accrue against Thomas T, Irvin personally or 8S an Individual
on account of any default or failure on any paft of this contract,
(13) Lessee agrees to keep the leased premises free of all trash and garbage and In a neat and orderly
fashion, and be responsible fDr the collection and removal of all garbage generated at Lessee', rented place of
business.
THIS AGREEMENT is iS5ued under authority of and subject to the proviSions of the Georgia FarmeMl Market
Authority (GA, Laws 1955m p.224), as amended, and an agreement (lease) by and between the Georgia F.rmers
Market Authority and the Department of Agriculture oftne State of Georgia, as renewed and/or amended,
IN WITNESS WHEREOF tile Lessor and the Lessee have hereunto set their hands, the day and year first
above Written,
GEORGIA DIPARTMINT OF AGRlCULTURI
~..~ -~~, --' (Seel)
Thomas T. Irvin, Commissioner of Agriculture
(Lessor)
AUGUSTA-RICHMOND COUNTY eauu"'H-,
COMMISSION
Revised 11/20/03
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(Seal)